Problems with Medical for K2 (merged)

[polarB151 0]

Hi there, I'm hoping I put this in the right place, but if not please do feel free to move it.

 

The medical portion has been extremely stressful for myself and my K2 and now we are in quite a unique situation. We attended our medical several months ago and while mine was marked as fine, even with a history of NNSI and poor mental health, my K2's caused a few waves due to recent NNSI. The medical place informed us they had sent a query off to the CDC and it took 2 months for them to respond. They require my K2 to have a psych evaluation, which could not be done at the medical office, as their own psych was not happy to evaluate an adolescent. 

We spent another month waiting for them to try and find a psych that would, which resulted in myself attempting to locate one, as with the Christmas period and covid, it became increasingly difficult to find a suitable candidate. I have since found one and we're now waiting for the medical place to receive contact for when an appointment will be made available.

 

During this time K2's mental state has been grand, no suicidal ideation or intent, no urges to NNSI. Until an event occurred that caused a relapse. The event was very minor, NNSI more superficial than ever before and required no hospitalization or further care, child mental health aren't fussed (unsurprising) but of course due to it being the most recent event, we had to report it to the medical place.

 

This leads me to our current situation. We've been advised by the medical place that we have two options, we either go ahead with the evaluation (that seems to be stuck in never ending limbo with regard to actually getting the appointment), in the hopes that the report and risk assessment provide us with a glimmer of hope for K2 not to be marked as a Class A; or, we forgo the evaluation and have the case file sent to the CDC who will make their own decision. We have been advised that if the CDC are requested to make a decision, they will likely mark K2 as a Class A and will offer no room for waiver.

 

I'm absolutely torn. We have a plan in place to get K2 into treatment as soon as we reach America, this is help that they will not be able to get here, or at the very best, be on potentially a year long waiting list. 

 

My questions are as follows:

 

• Has anyone been in a similar situation? What was the outcome? - If a K2 is inadmissible as a Class A, what happens to the K1?
• Is the information we were afforded correct? - If the CDC makes an inadmissible decision, will they truly not offer a waiver? (We had made provisions for a waiver in that we would demonstrate our plan of care once on U.S. soil, this would be the best out of a bad bunch, as at least it would give us a fighting chance at getting our family together and giving K2 a proper chance at the care they need and deserve)
• Do we wait for the evaluation appointment or let the CDC make the decision?
• Has anyone reading this ever had experience with the aftermath of an inadmissible and waiver process? (advice would truly be welcome)

 

 

Thank you for taking the time to read.

 

Footnote: for reference I have referred to "self-harm" as NSSI under the definition from the DSM 

“In the last year, the individual has, on 5 or more days, engaged in intentional self-inflicted damage to the surface of this or her body of a sort likely to induce bleeding, bruising, or pain (e.g., cutting burning, stabbing, hitting, excessive rubbing), with the expectation that the injury will lead to only minor or moderate physical harm (i.e., there is no suicidal intent).

Note: The absence of suicidal intent has either been stated by the individual or can be inferred by the individual’s repeated engagement in a behavior that the individual knows, or has learned, is not likely to result in death.”

[polarB151 0]

To add further:

 

Is it possible that my K2 would even be marked as a Class A when they don't have an existing mental disorder (as defined by the DSM and their paperwork that was filed from CAMHS and our GP), doesn't meet the diagnostic criteria for NSSI (as referenced above) and doesn't meet the CDC's own criteria for "harmful behaviour" as defined:

 

“A harmful behavior is defined as an action associated with a mental or physical disorder that is causing or has caused any of the following:

·         Serious psychological or physical injury to the applicant or to other (e.g., a suicide attempt or child abuse)

·         A serious threat to health or safety (e.g., driving while intoxicated or verbally threatening to kill someone)”

 

This definition was obtained from the CDC’s Technical Instructions:

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/mental-health.html

https://www.cdc.gov/immigrantrefugeehealth/civil-surgeons/mental-health.html

Edited February 7, 2022 by polarB151

[polarB151 0]

 

Hi there,

 

I've linked my other post to this one as they are similar though not entirely the same and I am unsure where best to place both topics in the forum, but I feel this particular question is best answered specifically here as it relates to potentially refiling.

 

TLDR: My K2's medical is being held by the company acting representative of the Embassy due to some delay on making a decision as to whether to list them as a Class A/B or not to list them as inadmissible at all. We are waiting for further information before making a decision as to whether to pursue an evaluation or send their file to the CDC directly.

 

In the meantime, I was wondering a few things. We already attended out interview before Christmas and had attended our medical prior to this, everything was initially meant to line up so that my medical and my K2's medical should arrive at the Embassy shortly after our interview. At the interview I was given a 221g and told that as long as the medical cleared, we would be good to go. Unfortunately, this was not to be the case. My main query is, if the CDC advises waiting one year for "remission", what are the implications of this on our K1 application? I have seen mention on these forums of people being told they may potentially have to wait a year for drugs and other such things, but have no clarity on whether they had refile or anything like that. Our application has been sitting at "Refused" since before Christmas, which I expected, as far as I know my own medical was submitted, but I assume they don't adjudicate until after they receive both parties medicals. If my K2 is marked inadmissible, would our visa be denied, causing us to have to apply for a waiver, or can the CDC make stipulations that require us to get another medical after the year has passed? And if so, does this mean we need to do the entire application again, or would there just need to be a new medical?

 

Is there a way to wait for entire year before submitting the medical at all? 

 

I understand this is a very strange set of events, I can't find anything on these forums pertaining to a K2 specifically being declared inadmissible, and I also understand that most responses would be speculation at best as only the consular office dealing with the case would know for definite, but it's driving me crazy being in this limbo of not knowing. Any advice would be most welcome.

Edited February 7, 2022 by polarB151

[Boiler 45,932]

K1 can be issued without K2 but not the other way around

 

I have seen a lot of self harm cases going through London successfully, seems a bit more to this situation 

 

I would imagine CDC could request more reports

[polarB151 0]

If K1 gets approved, once this is all sent through, but K2 is denied, do you have any idea what happens?

[Boiler 45,932]

If the K2 is subsequently approved within one year follow to join would apply 

 

Otherwise she can be petition by her new step father but you have the same medical issues 

[polarB151 0]

When you say "I have seen a lot of self harm cases going through London successfully, seems a bit more to this situation", are these people that have gone a year self-harm free?

 

Is it likely in your opinion that a K1 would get approved and the K2 denied, or would they reject the K1 on grounds that the K2 is inadmissible?

 

Sorry if I'm repeating myself, just so lost.

[Boiler 45,932]

K 2 is optional no need for you to ever apply for a child to move often it is not possible for example if the other parent objects

 

i think most of the self harm cases I have seen were K1s and do not recollect the details

[millefleur 5,047]

**Similar threads merged.**

 

VJ Moderation

[Chancy 6,243]

*** Moved from Embassy/Consulate Discussion to K1 Process & Procedures ***